ITO, Corp Ward -1(3), Chennai V. Coastal Frieght & Logistics Pvt Ltd, Chennai

ITA 589/CHNY/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 9538 (ITAT-CHENNAI)
• Duration Of Justice: 6 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 07-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T S CHANDRASEKAR
• Assessee Lawyers: SRI SHANMUGA PRIYA
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , B BENCH, CHENNAI . . . , , BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ I.T.A.NO.589/CHNY/2019 ( [ [ / ASSESSMENT YEAR: 2009-10) THE ITO, CORPORATE WARD -1(3), CHENNAI. VS M/S. COASTAL FREIGHT & LOGISTICS PVT. LTD., ROOM NO.2, NEW NO.108, OLD NO.64, CATHOLIC CENTRE, ARMENIAN STREET, GEORGE TOWN, CHENNAI 600 001. PAN: AABCC 9797J ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI T.S. CHANDRASEKAR, FCA / RESPONDENT BY : MS. SRI SHANMUGA PRIYA, JCIT /DATE OF HEARING : 25.09.2019 /DATE OF PRONOUNCEMENT : 25.09.2019 / O R D E R PER S. JAYARAMAN, ACCOUNTANT MEMBER: THE REVENUE FILED THIS APPEAL AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-1, CHENNAI IN APPEAL NO.56/CIT(A)-1/11-12 DATED 19.12.2018 FOR THE ASSESSMENT YEAR 2009- 10. 2. AT THE TIME OF HEARING, THE LD.AR SUBMITTED THAT THE TAX EFFECT IS BELOW RS.50 LAKHS AND HENCE THE REVENUES APPEAL WOULD BE COVERED BY THE 2 ITA NO.589/CHNY/2019 CBDT CIRCULAR NO.17/2019 DATED 08.08.2019, FIXING THE MONETARY LIMIT OF RS.50 LAKHS. THE LD.DR ON VERIFICATION ADMITTED THAT THE TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.50 LAKHS. 3. ON HEARING BOTH SIDES, WE FIND THAT THE TAX EFFECT IN THIS CASE IS LESS THAN RS. 50 LAKHS. THE CBDT IN ITS CIRCULAR NO. 17/2019 DATED 08.08.2019 INSTRUCTED ITS OFFICERS TO WITHDRAW ALL THE APPEALS PENDING BEFORE THE ITAT WHERE THE TAX EFFECT IS LESS THAN RS. 50 LAKHS. THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THIS CIRCULAR OF CBDT IS BINDING ON THE OFFICERS OF THE DEPARTMENT. THEREFORE, THE REVENUE CANNOT PROCEED FURTHER IN THIS APPEAL. ACCORDINGLY, THE APPEAL STANDS DISMISSED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 25 TH SEPTEMBER, 2019 AT CHENNAI. SD/- SD/- /CHENNAI, /DATED 25 TH SEPTEMBER, 2019 RSR /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( ) /CIT(A) 4. /CIT 5. /DR 6. [ /GF ( . . . ) (N.R.S. GANESAN) / JUDICIAL MEMBER ( ) (S. JAYARAMAN) /ACCOUNTANT MEMBER